- (1.) THIS appeal is directed against a judgment and order dated 11/5/2005 and 12/5/2005 passed by Sri A. K. Senapati, additional Sessions Judge, 2nd Fast Track Court, Jangipur, Murshidabad, in Sessions Trial No. 6 (8) of 2004 arising out of Sessions Case No. Sessions s1. No. 101/04 convicting the appellant under section 302 of the Indian Penal code. The appellant was punished with imprisonment for life as also to pay fine of Rs. 5,000. 00, in default to suffer simple imprisonment for six months.
(2.) THE case of the prosecution briefly stated is that Alauddin Sk. came back to his house on 16th January, 2004 at about 11. 30 a. m. Shortly thereafter, at about 1. 30 p. m. , the appellant, Jalauddin, brutally assaulted alauddin with a sharp cutting weapon as a result whereof he died on the spot. The accused-appellant was charged under section 302 of the Indian penal Code. The learned trial Judge has found the appellant guilty of the offence punishable under section 302 IPC. The accused/convict has come up in appeal.
(3.) IT appears that 13 (thirteen) witnesses were examined. P. W. 7 Mahazara bewa, widow of the deceased deposed that about one and half months before the date of incident, there had been a dispute between the members of the family of the deceased on the one hand and the accused on the other. The accused had threatened the members of the family of the deceased with dire consequences. As a result P. W. 7 left the dwelling house at Gopalnagar and went to stay at Elami. From the evidence of P. W. 2 Anwari Bibi, wife of Samad sk. who witnessed the assault committed by the accused upon the victim from a distance of 10 cubits, it appears that the accused assaulted the victim alauddin with a 'heso' in the left ribs of Alauddin. Alauddin fell down and blood spilled all around. She identified the accused in Court. The-accused thereafter, fled away from the place of occurrence with the offending weapon in his hand. According to her, Tanjila Bibi, the P. W. 3, also witnessed the incident. Tanjila Bibi, the P. W. 3, corroborated the evidence of P. W. 2. The P. W. 3 is the wife of the younger brother of the deceased. The accused is also the younger brother of the victim. According to P. W. 2, the incident took place at 1. 30 p. m. near the house of Golam Nabi, son of Habibur. The place of occurrence has also similarly been deposed by the P. W. 3 and the P. W. 6. P. W. 6 deposed that hearing the hue and cry, he went to the spot and found that alauddin had already been murdered. He heard from the villagers that jalauddin went away after murdering Alauddin. The incident of murder took place at 1. 30 p. m. on 16th January, 2004. The written complaint scribed by the P. W. 5, Golam Nabi, was filed by the P. W. 1 and received by the police at 2. 45 p. m. on 16th January, 2004. The police started investigation at 3. 15 p. m. on 16th January, 2004. The inquest was held then and there. In the inquest report marked 'exhibit 2/c', the following statement is there as regards the incident which had happened: "it reveals from the primary investigation that today (16. 1. 04) at about 1. 30 p. m. Jalauddin Seikh dealt a blow with the 'heso' (a crescent sharp cutting weapon) to his elder brother Alauddin Seikh in continuation of an old feud over the land and he (Alauddin) died on the spot. ";